Representative Matters

Establishing corporate-wide export control compliance programs, drafting compliance manuals, and providing training for U.S. and foreign contractors engaged in trade regulated by the International Traffic in Arms Regulations (“ITAR”), the Export Administration Regulations (“EAR”), and the Treasury Department’s Office of Foreign Assets Control (“OFAC”) and the Department of Energy.

Advising companies on the “deemed export rule” applicable to the employment of foreign persons in the United States, and the employment of third country/dual-nationals overseas.

Performing pre-acquisition due diligence and post-acquisition audits relating to mergers and acquisitions of companies engaged in trade subject to U.S. export control regulations, and counseling on the resolution of any compliance issues that are identified.

Providing guidance to U.S. defense contractors with foreign ownership on the establishment and administration of Special Security Agreements (“SSA”) and Proxy arrangements for review and approval by the Defense Security Service so that such U.S. defense contractors can compete for and work on classified U.S. Government contracts.

Performing company-directed and government-directed export compliance audits and preparing associated reports and voluntary disclosures.

Negotiating the settlement of Charging Letters issued by DDTC or by the Commerce Department’s Bureau of Industry and Security (“BIS”).

Preparing and securing approval of export licenses issued by the Departments of State (ITAR), Commerce (EAR) and the Treasury (OFAC).

Drafting Technical Assistance Agreements, Manufacturing License Agreements and Warehouse and Distribution Agreements; then monitoring the agreements through the approval process at the State Department’s Directorate of Defense Trade Controls ("DDTC"), the Department of Defense, the National Security Agency, and other U.S. Government agencies.

Drafting briefing memoranda and talking points for meeting with U.S. Government officials (e.g., Defense Technology Security Administration) on the review and approval of licenses and ITAR Part 124 Agreements, such as Technical Assistance Agreements.

Seeking Commodity Jurisdiction (“CJ”) determinations from DDTC to ascertain whether goods are subject to the export regulations administered by the State Department or the Commerce Department.

Representing clients in the legislative and regulatory process on revisions to U.S. export control statutes and their implementing regulations.

Providing advice on the administration of export transactions supported by the U.S. Foreign Military Sales (“FMS”) and Foreign Military Financing (“FMF”) programs.

Providing guidance on the applicability of the Buy America statute and other procurement-related regulations, such as the Berry Amendment.

Assisting clients with U.S. Customs and Border Protection matters, including resolution of penalty claims and related seizures and petitions, product classifications and tariff rates, eligibility for preferential programs, and country of origin determinations (e.g., substantial transformation and tariff shift requirements).